I was told that this "would be better than being arrested right? so I signed it. $47 dollars. I ow have the civil demand for $500 and they are calling me every day. I do NOT want to have a criminal charge on my record..it would ruin my career. Pay...
I agree with Mr. Sanger that the abuse of the 490.5 P.C. and attendant laws has become epidemic, and outrageously so. There have been numerous cases of false arrest by so-called "security" and "loss prevention" guards of factually innocent shoppers. The over-zealousness of these people has not been addressed by the legislature, not has it been by the courts.
Since you state that you have "man[ned] up to what [you] did," I am assuming that you actually did take something without paying for it. You would be amazed on how often this happens to folks who have recently undergone a terrible stressor or two, and commit this act, totally incongruously with their background, station in life, and personal ethics. A death in the family, a recent "empty nest," a dramatic physical change for the worse - all of these things and more have precipitated shoplifting behavior in some people. It is not unusual to find that the person arrested or detained has been a long-time customer of the store and even has more than enough money to pay for the items taken. A past case involved a man who had recently lost his wife of over fifty years. He entered Sears store and took a garage door remote device - even though his home had no garage door. The importance of these mitigating facts may militate toward a civil compromise if the case is filed and comes to court. The situation you describe, however, is well within the realm of criminal extortion. No one can offer to let you off from arrest or charges in exchange for money, or, in more egregious cases, sexual favors. Such outrageous conduct is usually done in the moment, with little chance for the unaccustomed detainee to carefully consider his or her options. Bullying on the part of the "security" people is part of the equation.
Your statement that a criminal charge would ruin you career is becoming more and more prevalent. Because of violence in the workplace and financial losses from dishonest workers, background checks - even of current employees - are becoming the rule rather than the exception. Would I have advised signing the 490.5 form? No, but it is not my job or career on the line. I detest abuse of the legal system by anyone, but the practicalities of the matter certainly justify you decision to sign. See an attorney anyway, and delve deeper into your legal rights regarding this unfortunate incident.See question
I was sentenced to 3 years felony probation for possession of hash possession of marijunana with intent to sell possession of vicodin and possession of psilocybin. I was wondering if it would be possible to get switched to a longer term of informa...
Your case is obviously a serious one, and the grant of probation indicates that your attorney did a good job for you.
Getting a reduction of probation is totally discretionary with the judge, so your attorney is going to have to do a great sales job to convince the court that you deserve the break you desire. Your motivation is excellent - and not self-serving - so you're starting out on the right foot. The next step is to get the recommendation of you probation officer, and at this juncture, you either have or do not have that sewed up. If not, then the court will not grant you motion. The length of time that you have been on probation is also going to be a great factor. If it's less than a year, than it's unlikely that the court will modify this early. But you know, you never know unless you try, and if you can get an enthusiastic letter, and better yet, a personal visit in court, from the Job Corps people, you may just get that all-impoprtant recommendation from your P.O. and a nod from the court. Good luck.See question
Would the new lawyer be able to ask for more time to get familier with the case?...I feel like the rddiness hearing was not handled properly...That was our chance to bring up crucial eveidence and perjury because their is proof of lying on the sta...
Yes, you may discharge your current attorney, and yes, your new lawyer may get a continuance to prepare for the new case and to properly handle his or her other cases. The length of the continuance depends on whether you are in or out of custody, the complexity and seriousness of the case, and the need for you new attorney to prepare.
If you feel that trial is truly unavoidable (because of an unacceptable plea bargain offer, for instance), then you need an attorney who will genuinely prepare for trial - and let the prosecution know that he or she will be ready to go the distance. In a recent case of mine, the case was forced to trial because of an unacceptable plea offer, and we ended up picking a jury - which took two days - before the prosecution finally gave in and stated that they could not prove the case beyond a reasonable doubt. The judge then dismissed the case against my client. This is unusual, but it underlines the need to be ready for trial and to go for it if all else fails. You don't want a "Dump Truck" lawyer who takes you money and ultimately tries to talk you into pleading guilty when you feel that you shouldn't. Only good preparation will give your attorney the bargaining power to get a decent plea offer, and if not, go to trial with the expectation that everything that can be done for you will be done.
There is an old maxim in trial law that goes like this: The best deals are offered on the day of trial. Well, that is true - with about fifty percent of the cases. The other fifty percent are cases where the plea offer has been withdrawn, and the client is now facing the full force of the charges at trial.
Obviously, there is no perfect formula for success. However, if you truly feel that you are getting a bad deal from the prosecution, then take it to trial, but only with a seasoned trial lawyer in whom you have the most profound confidence and who will prepare in the manner I've described.See question
My 18 y/o son asked some boys who live near by for a ride home. He got in the back seat. The boys tell him they have to drop off 2 of the boys at their house. When they pull up to the house and the 2 boys start to get out, 2 officers pull up behin...
In order for the police to legally search a car, they either must obtain the consent of the owner or driver, or have reasonable cause to search based on articulable facts. if neither justification exists, then the search may be attacked by a motion to suppress evidence. If the motion is won by the defense, then evidence is thrown out and the case is dismissed. Find a criminal practitioner who will research this motion and get the case dismissed.
Keep in mind that the police and the prosecution are counting on people giving up their rights, as here for instance, where the police may have bullied the driver into a "consented" search when in fact he had to desire to let the police go through the car. Prosecutors don't care if the search is illegal. That leaves only your defense attorney to protect your son and enforce his Constitutional rights. This is an adversarial system, and such rights are not self-executing. Even a judge will not step in unless a defense motion is made and successfully argued.See question
i was in a california jail with a warrant from mississippi. Mississippi wouldnt pick me up for extradition so Im going to turn myself in will they keep me
Can you restate the question? You stated you were in a CA jail at some point, what were you in for and how did you get out? And what do you mean Mississippi would not pick you up? Do you mean they just didn't bother or did you try to turn yourself in and they refused? You may get better advice by calling a lawyer to further explain your circumstances. What you have asked is far too general to answer here without further clarification.See question
i was just revoked driving on suspended, filed for a hearing with SLO DMV because I was not noticed. It went to my mailbox but the lock was broken, and it was returned to DMV unclaimed. Who is the best in the County on DMV hearings? And subsequen...
Quite frankly, it sounds like you enjoy playing Russian roulette with an indespensible component of your business. I would not use local counsel in SLO County. Rather, I would retain a practitioner wiith a resume of having done hundreds of DMV hearings, so you are talking about a lawyer from a lerge city such as Los Angeles or San Francisco. At this stage of the procedings, getting a DMV hearing officer to reverse revocation is purely discretionary. Find an experienced lawyer in DMV hearings who will try to set a hearing for you so that you may present the reasons why you didn't do what you were supposed to do. Properly presented, the facts of your case may warrant at least a probationary license for you.See question
My friend is being charged with possession of about 28 grams of marijuana and half of and ecstasy pill. If all the charges most likely are impossible to drop completely, whats the best he can realistically hope for? The worst?
Generally speaking, the only way to get the charges dropped in such a case is for a lawyer to win a defense motion to suppress the evidence. Failing that, the outcome of his case will depend on several factors: first, his criminal history, if any, will considered in any disposition of the case; second, the amount that you specified could either be charged as mere possession or possession for purposes of sale. The latter of these two is obviously the more serious charge and could result in some real jail time. Even though he may have been charged for possession for purposes of sale, a good lawyer may be able to get the charges reduced to mere possession.See question
2nd DUI Conviction has left me with a suspended license and no ability to get to/from/during work and cannot drive to the DMV mandated alcohol education program! I am not sure how the DMV expects me to perform the tasks they are requiring of me...
Yes, you can file a Petition for Alternative Writ of Mandamus in Superior Court against the DMV in the county of your residence (not that of the offense) for an allegedly erroneous decision suspending your drivers license. The Petition must be filed and served within the statutory deadline of thirty days after the date of the DMV decison against you. There are form books in all law libraries that can guide you in drawing up your papers. However, I advise you to try to seek counsel to at least prepare the paperwork, and preferably, represent you in the Superior Court. This Petition is a new legal proceeding completely separate from any criminal charges that may have been filed against you in the Superior Court of whatever county the offense occured in.See question
sentenced to 5 years probation have done only 6 months of it. Charges are for fraud in New Mexico. PV is for failure to comply with conditions of probation. Did not report to PO and have obsconded. There is a bench warrant issued with a 15,000.00...
Your answer is in your own question since a condition of every probation issued is that the defendant "obey all laws." Also, failure to appear for court or a probation interview/visit is enough to revoke. Most states have habitual offender laws (also known as "Three Stirkes" laws in some states, like California), and these laws, generally speaking, have been upheld by the Supreme Court of the United States as valid, absent some sort of abuse of discretion or violation of equal protection. If you did not show up for court, whoever secured your bond may end up losing whatever they put up as collateral. The consequeneces of your PV can result in the impostition of part or all of the suspended part of your sentence. If your sentence is a period of years-to-life, then, unfortunately, that may be what you're facing. My advice is to obtain a good criminal attorney who deals with parole and probation violations in the venue that your case is in.See question
my friend is 23, he bit the security guard in the cheek, and the security guard pressed charges, what can be the woes outcome for time served for this offense?
In answer to your specific inquiry, the consequences of your friend's altercation can be quite severe. Your friend may be facing charges for aggravated assault under Penal Code Section 245 since from the facts you presented it appears that the victim may have suffered a disfiguring injury. A violation of Section 245 P.C. may be charged by the prosecutor as a felony, potentially exposing the defendant to several years in the State Prison. Technically, it is the respective District Attorney's Office of whichever county this occured in that has the sole jurisdiction to "press charges" against your friend. The prosecutor will review the police report and determine what if any charges will ultimately be filed against your friend. Obviously, the desires of the victim are taken into account. SInce it appears from your question that your friend is already on probation, he or she could be found in violation of the condition of all probations entitled "obey all laws." This means that, in addition to any penalty inposed on the new assault case, your friend could be sentenced to part or even all of the remaining suspended jail time on the DUI. In California, the potential jail time for a first offense is six months, and the exposure is one year on second or third offenses. A fourth DUI offense can be charged as a felony, and a violation of probation in this case could land the violator in State Prison for several years. Finally, the security guard may sue your friend for civil damages (that is, a money award or settlement in a lawsuit). If it is not already obvious, your friend should retain the best attorney he or she can find to defend against the new assault case, the violation of probation case, and any civil action that may arise, If your friend has homeowners or renters insurance, he or she might be able to obtain counsel in a civil action through that policy.See question